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Copyright Basis

Copyright basis draws the question of whether copyright law is based on government granting a monopoly, if you will, vis-à-vis against any other potential entrepreneur.  Many see it that way and tend to deny copyrights having a proprietary property right for the creator of the work.  Historically the value of crafting an idea composed was…

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Linking Defamatory Content Online

A case from Washington state dealt with online defamation from linking defamatory content online.  The court wrestled with the issues of proving defamation online.  The court articulated that the First Amendment freedom speech is to be protected and the courts hold to that as well when it comes to online speech and linking defamatory content.  In the era of…

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Copyright and Derivative Work

In the realm of intellectual property, copyright and derivative work gets attention when the issue of collaborative rights arises. Copyright and derivative work controversies happen when the joint contributing plans do not materialize as intended between, for example software developers, researchers, writers, or production designers. The scenario is similar to one dealt with by the…

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Standing in Data Breach Cases

After years of hesitation to find standing in data breach cases, federal courts are now viewing factors to base standing.  When the matter has been the disclosure of personally identifiable information (PII), the courts have not found standing in data breach cases because they required evidence of actual usage of that PII.  The actual suffering…

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Personal Identifiable Information under VPPA

Digital media law and the digital media industry wrestles with how courts define personal identifiable information under the Video Privacy Protection Act.  This definition is important to companies that stream deliver videos to customers. How broadly the court define the scope of liability will remain a concern with personal identifiable information under the VPPA. In…

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Personal Data Privacy in Wearable Tech

The industry is concerned with personal data privacy in wearable tech you buy and use. The personal data privacy in wearable tech that is collected has gotten the attention of the consumer electronic industry and have promulgated some guidelines.  They has set a voluntary standard of principles to follow. The CEA, Consumer Electronics Association has…

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Website Defamation Immunity

Website operators, either as defendants or plaintiffs have resorted to Section 230 of the Communications Decency Act (CDA) to determine website defamation immunity and defamation liability.  Under the Section 230, blogs or forums, for instance, benefit from website immunity from tort liability if the information was from a third-party.  That third-party could be a subscriber,…

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CISA

CISA The U.S. Senate passed the Cybersecurity Information Sharing Act (“CISA,” S. 754). In passing it had to consider a variety of issues before it regarding the amendments to CISA.  The proposed amendments of CISA have one goal in common, to enhance privacy and strengthen the privacy. One of the issues was to clarify the…

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Developing Apps

Developing Apps Developing apps could be thrilling and troubling.  Of course, it is the thrilling aspect or expectation that drives the creative ideas.  But what is not thought of is the necessary planning that is crucial for it to be successful.  Simple creation is not enough.  Long before that, just the thought of an idea…

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Net Neutrality European Points

Net Neutrality European Points Net neutrality European points are going before the EU Parliament soon where several proposals will be weighed.  The concept of an open internet without restrictions on traffic, how the networks manage traffic and how traffic is categorized is being considered in the EU Parliament.  There is a draft regulation proposed expressing…

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Security of Internet of Things

The security of internet of things is unknowingly pervading our everyday life.  Items that can be remotely accessed for information, turned on to operate, adjust their operation settings, and process into a network are all fraught with vulnerabilities.  Security of internet of things is just becoming news worthy to some and ignored by great majority.…

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International Service of Lawsuits Via Email

International service of lawsuits via email is an option when the physical address of an international defendant is unknown.  According to the Hague Convention on the Service Abroad (Hague Convention), when the physical address is unknown the Hague Convention does not apply.  In practice, as long as the email address does not return an undeliverable…

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